§ 160 — Rectification of land-register by court

160.—(1) Subject to subsection (2), the court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:(a)

where 2 or more persons have, by mistake, been registered as proprietors of the same registered estate or interest in the land comprised in a folio;

(b)

where the court is satisfied that any registration or notification of an instrument has been obtained through fraud, omission or mistake;

(c)

where the court has declared that any instrument which purports to pass any estate or interest in any residential property within the meaning of the Residential Property Act 1976 is void under section 24 of that Act.

(2) The land-register must not be rectified so as to affect the registered estate or interest of a proprietor who is in possession unless that proprietor is a party or privy to the omission, fraud or mistake in consequence of which the rectification is sought, or has caused that omission, fraud or mistake or substantially contributed thereto by that proprietor’s act, neglect or default.

(3) Subsection (2) does not apply in the circumstances referred to in subsection (1)(c).

—(1) Subject to subsection (2), the court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:(a)

where 2 or more persons have, by mistake, been registered as proprietors of the same registered estate or interest in the land comprised in a folio;

(b)

where the court is satisfied that any registration or notification of an instrument has been obtained through fraud, omission or mistake;

(c)

where the court has declared that any instrument which purports to pass any estate or interest in any residential property within the meaning of the Residential Property Act 1976 is void under section 24 of that Act.

(2) The land-register must not be rectified so as to affect the registered estate or interest of a proprietor who is in possession unless that proprietor is a party or privy to the omission, fraud or mistake in consequence of which the rectification is sought, or has caused that omission, fraud or mistake or substantially contributed thereto by that proprietor’s act, neglect or default.

(3) Subsection (2) does not apply in the circumstances referred to in subsection (1)(c).